The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1887-02-09

W
agent for Kalaina, who owns the pro-
perty. got lease from Nika on
Sunday last the 9th instant. (Lease
and receipt for rent produced) Wa
hapaa hay possession before l took it.
Cross-examined: cannot tell
how long Wahapaa had possession.
The premises adjoin the back por-
tion of the lot on which l live.
had neald that Thomas had leased
them previously. | saw the house
being taken down during the latter
part of January. 1t was taken down
by q Chinaman, and sold to him by |
n native woman. / made no other |
enquiries at that time. 1 could not
tell who told me the place was leased |
to Thomas. I could not tell how
long Wahincaea had been in the lot.
l made enquiries as to Mr.. Thomas
interest in the lot. On hearing it
was leased to him, l went to him
and asked if he leased it. He said
he had. l further asked him who
from? 1 asked him if lease were
modified would he transfer it? He
said he would think the matter over
an d let me know. l met him some
days afterwards and said he had
decided to keep the lease. In the
meantime l found out from those
who had leased the lot, that they
had no right so to do. l searched
the records, and had that opinion
confirmed. Without saying any
thing more to Mr.. Thomas, leased
it and took possession. never saw
Mr.. Thomas in the lot, nor any of
his men. The time I took posses
sion, there were few loads of
the house material there which had
been sold to Chinaman. l en-
ployed one David who was on the
premises and who was looking out
for Wahapaa interests. Thomas told
me after had taken possession of the
lot, this man opened the gate for
Thomas. Wahapaa told the witness
that Thomas was angry about the
matter. David told witness that
Wahineaea told him, David, that he
had no right on the premises and he
must leave within month. He
then went TO see Mr.. Thomas, and
Thomas said, that was so. / had
never seen any drays, excepting
those engaged carting stuff for the
Chinaman.
David testified 10 Thomas and
Harrigan have broken open the gate
of the premises in question, in op-
position to Mr.. Hayselden's pro-
tests. They forced it open. Mr..
Hayselden sent for policeman and
had Thomas arrested. i was there
in the interests of Mr.. Hayselden.
He paid me.
Cross-cXamined: / lived there
about six years. heard the land
had been divided into two pieces.
l heard the Kekipi had sold out her
interests in the lot to Wahineaea.
l was living in house on the lot
when the latter leased it to Thomas.
Thomas made no proposition to give
me work OH the premises.
+. B. Thomas, sworn, stated: |
leased the property in question from
Wahineaea and took possession, and
| allowed the Chinaman to take the
house away. Mr.. Hayselden said
that Mr.. Gibson would consider it u
great favor if | would give up the
lease. On account of my sister
wanting the place to live on, told
him l could not comply with his re-
quest Yesterday, l went there
and found it locked. l did not
know that Mr.. Hayselden had any
title to the land. / had paid Sl20-
one years rent in advance. l told
Mr.. Hayseldcn that if any one had
a better right to the property than
! had, they will have to prove it.
Mr.. Hayselden stated in rebuttal
that in q conversation with Mr..
Thomas he said, II have n right to
the lot and / have taken possess
sion." / did not show him my
lease, because 1 did not have it my
possession. 1t was signed and
was tenant at will at that time.
Mr.. Hatch spoke on behalf of the
defendants, claiming that they have
a legal right to the property, and
Mr.. Hayselden's actions were totally
unjustiiiable by law, and therefore
he claimed that they be discharged
under Section ", Chapter XXIII,
of the Penal Code.
Mr.. Paul Neumann made lengthy
argument in behalf of the plaintiffs,
stating that it was not heavy dam
ages that was sought for, but that
the defendants be made to under
stand that their actions were I'M
justiiiable.
His Honor reviewed the evidence
and found the defendants guilty as
charged, and each of them was fined
80 cents.
Appeal noted to the Supreme
Court.
.sn>-a-----~-.-----.-r.S-s